Defective Products and Product Liability Cases
Any product that has a faulty design or a manufacturing defect that makes it unsafe can cause serious harm. Businesses have a legal duty to manufacture and market products that are safe when used as directed and to warn consumers adequately of any dangers of using the product. Unfortunately, some products are put on the market and sold to the public before the harmful side effects of the product are clearly understood. Product liability cases may involve unsafe appliances, prescription medications, machinery, power tools, medical devices, unsafe toys, automobiles and many other products. Consumers in Texas who are harmed by a defective product may have a right to seek compensation for their medical bills and other related losses. But product injury cases are complicated and require the guidance and legal knowledge of an experienced product liability attorney.
With more than 70 years of combined experience in personal injury law, the attorneys at Herrman & Herrman, P.L.L.C. are ready to fight for you if an unsafe product has harmed you or your loved one. Our attorneys strongly believe that manufacturers should be held accountable when their products cause preventable injuries. We are committed to pursuing the compensation you need to get back on your feet. A product that has caused you harm likely has harmed others as well. Focusing attention on a defective product can prevent others in Corpus Christi and the Rio Grande Valley from suffering similar injuries and make the community safer
If you have questions about whether a defective product caused your injury, call us for a free initial consultation. Let our experienced attorneys review the specific facts of your accident and discuss your legal options. Then you can make a well-informed decision about how to proceed. At Herrman & Herrman, P.L.L.C., we are committed to client satisfaction.
How a Product Can Be Defective
In some cases, the cause of an injury caused by an unsafe product may seem at first to be a human error. It often takes further investigation by accident reconstruction specialists or people with technical expertise specific to the product to determine that a product defect caused the accident. As an example, a defective automotive component may cause a driver to lose control of a vehicle and crash. The initial accident report may not identify the defective product as the cause.
A product may be defective in three ways and be the basis of a product liability claim in Texas.
- Design Defect —If a product has a defective design, it may cause an injury no matter how well made the product is. For example, a vehicle may have a design defect that makes it more prone to roll over, or an airbag may have a defective design that causes it to explode. Texas civil law requires that people who are injured as a result of design defects have to show by a preponderance of evidence that the product caused the injury, that there was a safer alternative design that would have significantly reduced the risk and that the alternative design was economically and technically feasible.
- Manufacturing Defect—A defect may be introduced during the manufacturing process if substandard materials are used or a manufacturer fails to have property quality control. Errors in the manufacturing and assembly process may require consumer safety alerts and recalls.
- Failure to Warn—A manufacturer has a responsibility to warn users of known hazards associated with the product, unless the risk is so obvious that a warning should not be needed. A manufacturer or seller cannot be held liable if a product is generally known to be unsafe by an ordinary consumer.
Types of Cases Our Product Liability Attorneys Handle
Our Corpus Christi product injury lawyers handle a wide range of cases involving unsafe and defectively designed products. Among the common types are:
- Dangerous Drugs —Some prescription drugs cause serious unintended side effects that can cause lasting harm or be deadly. Drug manufacturers have a legal duty to make drugs that are safe and effective when used as directed and to warn of any known dangers. But many drugs approved by the Food and Drug Administration (FDA) cause harm. Some manufacturers push drugs onto the market before the effects of the medication are well understood. They fail to provide adequate warning of known dangers of taking the drugs.
- Defective Medical Devices—Every day, patients undergo medical procedures and receive artificial joints, hip implants, stents, blood clot filters, heart pacemakers, and pelvic mesh. Patients trust that the medical device that their doctor uses has been FDA-approved and the risks of using it are well understood. Some medical devices are defective and cause unintended side effects and serious complications. A patient may have to undergo a follow-up surgical procedure or multiple procedures to remove and replace the defective device.
- Auto Defects—Many safety innovations in new cars are designed to protect occupants in the event of a crash. But a defective automotive component that fails at a critical moment may cause serious injuries or deaths. In recent years, product safety recalls have flagged record numbers of defective auto parts, including faulty ignition switches, airbags, tires, seat belts and other components.
- Child Car Seat Defects—A properly designed and installed car seat can save a child’s life during a collision with a car or truck. But a defective car seat can result in serious or fatal injuries to an infant or child. Many child safety seats have been recalled because of defects.
- Tools and Electrical Equipment—Inadequate warnings on power tools and equipment can lead to serious injuries and electrical shocks. Even a person who is following the safety precautions can be injured due to manufacturing defects or unanticipated hazards related to the product’s use.
Let the attorneys at Herrman & Herrman P.L.L.C. offer trusted legal guidance and fight hard to obtain the full compensation that you will need to move forward after a serious accident. We provide legal representation to people who have been injured by others’ negligence in a range of cases including car accidents, motorcycle accidents, pedestrian accidents, premises liability cases, product liability, oilfield accidents and 18-wheeler accidents. We are dedicated to helping the people of Corpus Christi, McAllen and the entire Rio Grande Valley.